HomeMy WebLinkAbout01-11-17 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: January 11, 2017
TIME: 6:00 p.m.
3rd Floor City Hall
Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1) Call to Order/Agenda Review
2) Public Comment and Response from
Committee Members
3) Updates, Announcements, Reports
a) HUD Funding Announcement
b) Waterfront Plan
c) Southside Plan
d) Parks Master Plan
4) Action Items (Voting to send on to Council)
a) Annual Common Council Concurrence for
Lead Agency
b) Zoning Amendment to Allow Brewpubs,
Urban Breweries, and Taverns
c) Authorization of Funds from Community
Housing Development Fund
5) Action items (Voting to Circulate)
a) Allowing Dogs in Stewart Park
6) Review and Approval of Minutes
a) November and December 2016
7) Adjournment
No
No
No
Yes
Yes
Yes
Yes
Yes
Seph Murtagh, Chair
Staff
Lisa Nicholas, Senior Planner
Jennifer Kusznir, Senior Planner
Nels Bohn, IURA
Megan Wilson, Senior Planner
6:00
6:05
6:15
6:25
6:30
6:50
7:05
7:25
7:30
If you have a disability and require accommodations in order to fully participate, please contact the City
Clerk at 274‐6570 by 12:00 noon on Tuesday, January 10th, 2017.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
To: Common Council
From: Lisa Nicholas, Senior Planner
Date: January 9, 2017
Re: 2017 Annual Council Concurrence that the Planning Board be Lead Agency in Environmental Review
for Site Plan Review Projects for which the Common Council is an Involved Agency
Annually the Common Council passes resolution a concurring that the Planning Board will be Lead Agency in
environmental review for site plan review projects for which the Common Council is an involved agency.
Examples of such projects include Chainworks District Project, the Marriot Hotel, the Hilton Canopy and 210
Hancock Street. As per the adopted resolutions, this arrangement ends on December 31 and must be renewed
annually. Please find enclosed a proposed resolution which is identical to the previously adopted resolutions
with the exception of an expiration date of December 31, 2017.
As you will remember, the purpose of this arrangement is to make the environmental review process more
efficient while, at the same time, keeping Council informed of its potential role in the environmental review of
site plan projects. Environmental forms and project information would continue to be forwarded directly to
Council members without the need to coordinate with a monthly meeting schedule. This prevents the difficulty
of the 30‐day deadline to establish Lead Agency but preserves Council ability to not concur should that be the
preferred course of action for any future project. As an involved agency, Council would, if desired, provide input
to the Lead Agency. All comments from involved agencies are addressed during the review.
The Board has this arrangement with the Board of Zoning Appeals.
If you have any questions, please contact me at 274‐6557.
Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead
Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an
Involved Agency Resolution
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the
City Code, Environmental Quality Review, require that a lead agency be established for conducting
environmental review of projects in accordance with local and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency
shall be that local agency which has primary responsibility for approving and funding or carrying out the
action, and
WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve
a Type I Action or an Unlisted Action undergoing coordinated review with other involved agencies, it must
notify them that a lead agency must be agreed upon within 30 calendar days of the date that the
Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and
WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve
approvals or funding from Common Council, making Council an involved agency in environmental review,
and
WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review
process more efficient, it is desirous to continue the agreement in which the Planning Board will assume
Lead Agency status for such projects , and
WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca
Environmental Quality Review Ordinance, involved agencies are provided with project information and
environmental forms for their review, as well as all environmental determinations; now, and
WHEREAS, on April 7, 2015 the Common Council did consent to the Planning & Development Board acting
as Lead Agency in environmental review for site plan review projects for which Common Council has been
identified as an Involved Agency through December 31, 2015, and
WHEREAS, That Common Council did consent to the Planning & Development Board acting as Lead Agency
in environmental review for site plan review projects for which Common Council has been identified as
an Involved Agency through December 31, 2016; and, be it further, therefore be it
RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as
Lead Agency in environmental review for site plan review projects for which Common Council has been
identified as an Involved Agency through December 31, 2017; and, be it further
RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it
so desire.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA –
607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
-
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: December 21, 2016
Re: Proposal to Amend Chapter 325, Entitled “Zoning,” to Include Definitions for Brew
Pub, Urban Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD
Districts
The purpose of this memo is to provide information regarding a proposal to establish definitions for
Brew Pub, Urban Brewery, and Tavern, and to establish them as permitted uses in specific zones.
This proposal was previously discussed at the December Planning and Economic Development
Committee meeting. At that meeting concerns were raised regarding the proposed definitions of
Urban Brewery and Brew Pub. Enclosed for your consideration is a draft ordinance which has been
edited in order to remove the requirement for food service in brew pubs, and to remove the language
regarding various NYS permit requirements in the Urban Brewery. All changes have been tracked.
These changes are minor and do not require re-circulation.
The draft Full Environmental Assessment Form of this action is enclosed. The proposed ordinance
and environmental assessment were previously circulated to the City Planning Board, the
Conservation Advisory Council, the Tompkins County Planning Department and various other City
staff and departments. No comments have been received regarding this proposal. At the last
meeting the Planning Committee voted on the resolution for the declaration of lead agency and the
resolution of environmental significance.
If you have any concerns or questions regarding any of this information, feel free to contact me at
274-6410.
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325, Zoning, be amended as follows:
Section 1. Section 325-3B, entitled, “Definitions and Word Usage,” is
hereby amended to add the following definitions:
Brew Pub — An establishment that produces ales, beers, meads, hard ciders, and/or similar
beverages to serve on‐site. Sale of beverages for off‐site consumption is also permitted in keeping
with the regulations of the New York State Liquor Authority. Service of brewed beverages must be
in conjunction with the service of food. Brew pubs may not produce more than 5,000 barrels of
beverage annually. May also include the distribution of beverages for consumption at other sites.
A brew bub, may NOT contain external tanks for storage of raw materials or beverages.
Urban Brewery — A limited production brewery that may produce no more than 15,000 barrels
annually. Microbreweries may sell to licensees; however, they may NOT sell to the general public
without a NYS brewer's retail permit. An Urban Brewery may have a restaurant in or adjacent to
it., only if it has obtained a NYS an on-premises retail license.
Tavern — An establishment for the sale of beer and other drinks to be consumed on the
premises, sometimes also serving food.
Section 2. Section 325-8 of the Municipal Code of the City of Ithaca,
entitled District Regulations, is hereby amended in order to add Brew
Pub as an allowable primary use in the B-2a district and Urban
Breweries as an allowable use in the B-5 district.
Section 3. Section 325-8 of the Municipal Code of the City of Ithaca,
entitled District Regulations, is further amended to add the following
allowable accessory use in the B-2 zones:
Incidental parking for any uses allowed in any of the
B2 zones.
Section 4. The City Planning and Development Board, the City Clerk and
the Planning Department shall amend the District Regulations Chart in
accordance with the amendments made herewith.
Section 5. Severability. Severability is intended throughout and
within the provisions of this local law. If any section, subsection,
sentence, clause, phrase or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then
that decision shall not affect the validity of the remaining portion.
Section 6. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
Proposed Resolution
Planning & Economic Development Committee
January 11, 2017
Community Housing Development Fund, Funding Round #13 — Authorize Disbursement
of $50,000 Pursuant to Executed MOU
WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and
renewed in 2015, by Memorandum of Understanding (MOU) among and between the City of
Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of
permanently affordable housing in the County, and
WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF and the City of
Ithaca and Tompkins County each contribute $100,000, and
WHEREAS, the CHDF Program Oversight Committee (POC) recommends round #13 funding of
$356,250 for the following affordable housing projects:
and,
WHEREAS, the Common Council determined that City contributions to the CHDF should be used
solely to assist projects located within the City of Ithaca, and
WHEREAS, pursuant to the 2015 MOU, Tompkins County administers the CHDF, including
collection of contributions to the CHDF and distribution of funds to project sponsors, and
WHEREAS, rehabilitation of a facility in kind on the same site is a type II action under SEQR/CEQRO,
therefore no environmental review is required for the INHS Scattered Site Rental Housing
Preservation project, now; therefore, be it
WHEREAS, prior City contributions to the CHDF were derived from Gateway Loan proceeds
administered by the Ithaca Urban Renewal Agency that originated from sale of City‐owned land for
the Eddygate project located at 110 Dryden Road, but such funds have been depleted, and
WHEREAS, as part of the 2016 Budget, funds were placed in Restricted Contingency to fund the
City’s contribution to the CHDF, now; therefore, be it
Community Housing Development Fund
Round #13 Recommended Funding Awards
Applicant Project # Units Location Funding ($1,000s)
Cornell County City Total
Second
Wind
Cottages,
Inc.
Second Wind
Cottages (units
#15-#18)
4 rental (T) Newfield
-1435 Elmira Rd. 37.5 18.75 0 56.25
INHS, Inc
INHS Scattered
Site Rental
Housing
Preservation
98 rental (C) Ithaca
-14 various
properties
200 50 50 300
Totals 237.5 68.75 50 356.25
RESOLVED, that the Common Council for the City of Ithaca hereby authorizes an expenditure of up
to $50,000 to Tompkins County for the following affordable housing projects to implement the
round #13 recommended funding awards through the Community Housing Development Fund:
Project Name: INHS Scattered Site Rental Housing Preservation Project
Amount: $50,000
Applicant: Ithaca Neighborhood Housing Services, Inc.
Project Summary: Renovation of 98 rental housing units in 44 buildings located throughout the
City of Ithaca
and
RESOLVED, that Common Council hereby transfers $50,000 from Account A1990 Restricted
Contingency to the following accounts:
A8020‐5700 Planning Contracts $50,000 to fund City/County/Cornell Housing Trust
(city portion), and be it further,
RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to execute
a fiscal agency agreement with Tompkins County to implement this resolution.
j:\community development\policies\housing\cornell collaboration\round 13\reso pedc approve round #13 housing fund projects 1‐11‐17 revision #1
nb.doc
j:\community development\policies\housing\cornell collaboration\round 13\reso pedc approve round #13 housing fund projects 1‐11‐17.doc
To: Planning and Economic Development Committee
From: Megan Wilson, Senior Planner
Date: January 6, 2017
RE: Proposal to Allow Dogs in Stewart Park
The purpose of this memo is to provide additional information on the proposal to amend Chapter
336, Parks and Recreation, of the City Municipal Code to allow dogs in Stewart Park. Currently,
dogs are only allowed in Stewart Park by a special permit issued by the Superintendent of Public
Works (with the exception of service animals). Stewart Park is the only City park where dogs are
prohibited, and this prohibition is often not adhered to and rarely enforced. The Friends of Stewart
Park approached the Parks Commission in the spring of 2016 with a request that the City Code be
amended to allow dogs in the park. The Commission agreed that dogs are often present now and
believes that officially allowing dogs in the park would be appreciated by residents and visitors. At
its May 26, 2016 meeting, the Parks Commission recommended that on-leash dogs be permitted in
Stewart Park and requested that the Board of Public Works make a recommendation to the
Common Council regarding an amendment to the City Code.
The Board concurred with the Parks Commissions conclusions and noted that neither the Parks
Commission nor the BPW have received any complaints about dogs in the park. On July 11, 2016,
the Board recommended by resolution that §336-11 of the City Code be amended to allow dogs in
Stewart Park, provided that (1) dogs remain on leaches no longer than 6 feet and under the owner’s
control and (2) dog care stations for dog waste are provided and maintained. The BPW
acknowledged that the City will incur additional cost by providing and maintaining these stations,
and these costs should be considered. The Cayuga Waterfront Trail Initiative is willing to provide
and install the dog care stations. City staff already collects bagged dog waste in the park, and City
Forrester Jeanne Grace does not believe the installation of the dog care stations will significantly add
to staff responsibilities. The additional cost will come from providing bags at the dog care stations.
The City is now providing these bags at another location in the City, and the Friends of Stewart Park
is considering fund raising for the ongoing provision of the bags.
Staff will attend the January 11th Planning & Economic Development Committee meeting to answer
any questions and seek approval to circulate an ordinance that would enact this change. If you have
any questions prior to the meeting, please feel free to contact me at 274-6560 or
mwilson@cityofithaca.org.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
TO: Board of Public Works
FROM: Parks Commission
DATE: June 2, 2016
RE: Proposal to Allow Dogs in Stewart Park
At its May 26th meeting, the Parks Commission discussed the current prohibition of dogs in Stewart
Park. Per City code, dogs are only allowed in Stewart Park by special permit issued by the
Superintendent of Public Works (except for service animals). Stewart Park is the only City park
where dogs are prohibited, and this prohibition is often not adhered to and rarely enforced. The
completion of the Cayuga Waterfront Trail has brought an increase in the number of dogs as more
people travel through and visit the park with their pets. The Parks Commission has not received any
complaints about dogs in the park and believes lifting the prohibition would be appreciated by many
in the community.
While a quorum was not present, all Parks Commissioners in attendance voted unanimously to
recommend that the existing legislation (Chapter 336, Stewart Park, of the City Municipal Code) be
changed to allow on-leash dogs in all City parks. Dog care stations should be provided to address
concerns about waste, and the Cayuga Waterfront Trail Initiative has offered to provide the stations.
If you have any questions or comments, please contact Megan Wilson, Senior Planner, at 274-6560
or mwilson@cityofithaca.org.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA DESARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Board of Public Works
July 11, 2016
Recommendation to Allow Dogs in Stewart Park – Resolution
By Commissioner Goldsmith: Seconded by Commissioner Jenkins
WHEREAS, the Parks Commission recently discussed and recommended that the
prohibition on Dogs in Stewart Park be changed at their May 26, 2016 meeting, and
WHEREAS, Stewart Park is the only City park where dogs are prohibited, and this
prohibition is often not adhered to and rarely enforced, and
WHEREAS, the completion of the Waterfront Trail has brought an increase in the
number of dogs as more people travel through and visit the park with their pets, and
WHEREAS, neither the Parks Commission nor the Board of Public Works have
received complaints about dogs in Stewart Park,
WHEREAS, the BPW acknowledges there will be an additional maintenance costs,
therefore be it
RESOLVED, That the Board of Public Works recommends that Section 336-11 of the
City Code be changed to allow dogs in Stewart Park under the following conditions:
1. Dogs are to remain on leashes no longer than 6 feet and under the owner’s
control, and
2. Dog care stations for dog waste are provided and maintained
Carried Unanimously
City of Ithaca
Planning & Economic Development Committee
Wednesday, November 9, 2016 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham
Kerslick, Ducson Nguyen, Josephine Martell,
and Cynthia Brock
Committee Members Absent: None
Other Elected Officials Attending: Alderperson George McGonigal
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; Lisa Nicholas, Senior Planner;
Jennifer Kusznir, Senior Planner; Megan
Wilson, Senior Planner; Deborah Grunder,
Executive Assistant
Others Attending: Tom Knipe, Tourism Director; Mike
Niechwiadowicz; Form Ithaca
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
No changes were made to the agenda.
2) Public Comment and Response from Committee Members
David Gallahan, 511 Spencer Road, spoke on the exterior property maintenance
ordinance. His tenant had snow tires on the property. Gallahan was away when
the ticket was issued and the rates escalated while he was away. Many of his
friends have had similar situations happen to them.
Tessa Rudan, thanked the committee for the changes that have been made to
the Collegetown plan. She further stated that the Collegetown plan should be
used in other areas of the City.
M. Blodgett, 549 Spencer Road, received fourteen tickets over 20 days. They
can give the same ticket every day, but the homeowner doesn’t receive the
tickets for two weeks or better.
Neil Golden, 208 College Avenue, spoke on the exterior property maintenance
ordinance. It needs to be reviewed and changes need to be made. The fees
grow quickly.
JoAnn Cornish clarified that the Collegetown Area Form District Code is a City
Code; the Character Code was done by an outside group that received a grant to
do so.
Alderperson Brock stated she has received numerous calls regarding the odd
and even parking rules. She would like the committee to look into implementing
more residential parking permits and the odd/even parking rules.
JoAnn Cornish stated she would look into who the appropriate person is to work
on this.
Alderperson Kerslick stated that neighborhoods can ban together and request
the permit process for their neighborhood. It was further stated by Chair Murtagh
and confirmed by JoAnn Cornish that there are only certain areas in the City with
neighborhood parking permits.
3) Special Order of Business
a) Presentation: Tompkins County Tourism Program
Tom Knipe, Tompkins Country Tourism Director, provide a thorough presentation
on how tourism dollars help local municipalities especially the City of Ithaca. He
offered to send the presentation to anyone who is interested.
4) Updates, Announcements, Reports
a) Dredging Update
Lisa Nicholas, Senior Planner, came back with the answers to the questions
asked at October meeting. Ice jams was asked about as well as would dredging
six mile creek benefit the Titus Tower area? Nichols stated due to the dry year,
we don’t have the data to calculate. The projected time line is out to late 2017
and 2018.
Murtagh asked if there’s a lot of stuff in the creek; dredging the creek seems to
be the right thing to do.
Nichols stated there is more to it. There is lot more to look at such as velocity,
etc. and how the water levels are created from the lake.
b) Exterior Property Maintenance Ordinance
Mike Niechwiadowicz and Robert Sarachan updated the group on this ordinance
as to how it is working and what still needs to be done to improve it.
A 24-hour waiting (warning) period is given without a ticket being issued. This is
not sent to the court but the homeowner is notified via an email notification.
Sarachan stated the original accusatories have gone down because people are
responding to their emails.
Alderperson Brock stated that not all people are set up for the email notifications.
How do we get this information out to people?
Mike Niechwiadowicz stated they tried the “tag” system twelve plus years ago.
There were many issues – the inspectors have been threatened, chased off their
properties, etc. Tags do not work. The property owner may not get the tag
because it is a tenant property, etc.
The only violation not offered a 24-hour warning is snow removal.
There are 5,500 properties in the City of Ithaca. Everyone who sees Robert
Sarachan are advised by him to sign up for the email notifications program. He
feels the system is working so much better. He recommends that a warning for
shrubs and grass in the sidewalks be granted the 24-hour warning.
Alderperson Kerslick asked how we satisfy those that get all these tickets.
Alderperson Brock asked if there is a process in place to make sure the
boundary lines are noted correctly. The answer to that is the City's GIS system.
5) Action Items (Voting to Circulate)
a) Adding Brewpubs/Microbreweries to Zoning
The purpose of this memo is to provide information regarding a proposal to
establish definitions for Brew Pub, Microbrewery and Tavern and to establish
them as permitted uses in specific zones.
The City recently received a proposal for a use that included on-site brewing and
serving of alcohol and food. Staff ultimately determined, that given the small
scale of the facility, it would be of no greater impact than that of a restaurant and
should be considered a tavern, which is an allowable use in the requested
district. However, in order to prevent confusion in the future, staff is proposing to
amend Chapter 325 of the City Code, entitled “zoning”, to include the following
definitions for microbrewery, brew pub, and tavern:
Brew Pub - An establishment that produces ales, beers, meads, hard
ciders, and/or similar beverages to serve on ‐ site. Sale of beverages
for off‐ site consumption is also permitted in keeping with the
regulations of the New York State Liquor Authority. Service of brewed
beverages must be in conjunction with the service of food. Brew pubs
may not produce more than 5,000 barrels of beverage annually. May
also include the distribution of beverages for consumption at other sites.
A brew bub, may NOT contain external tanks for storage of raw
materials or beverages.
Microbrewery - A limited production brewery that may produce no
more than 15,000 barrels annually. Microbreweries may sell to
licensees, however, they may NOT sell to the general public without a
NYS brewer's retail permit. A Microbrewery may have a restaurant in or
adjacent to it, only if it has obtained a NYS an on-premises retail
license.
Tavern - an establishment for the sale of beer and other drinks to be
consumed on the premises, sometimes also serving food.
In addition, staff proposes to add brew pub as an allowable use in the B-2a district, and
microbrewery as an allowable use in the B-5 district. Enclosed for your consideration is
a draft ordinance containing the proposed amendments.
If the Committee is in agreement, staff will draft an environmental review of this action
and circulate it along with the draft ordinance and return next month with any comments
that are received. If you have any questions, feel free to contact me at 274-6410.
- The issue here is the scale of the establishment. If we make this an allowable use
in B2, it is also in the B-2a and B5 districts as well as the CDB districts.
- Chair Murtagh stated he visited a mini brewery in the middle of downtown Cortland.
He suggests reaching out to them for information on how they regulate it.
- It was suggested to identify this an urban brewery.
- Alderperson Kerslick moved to circulate; seconded by Alderperson Martell. Carried
unanimously.
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Section 325-3B, entitled, “Definitions and Word Usage”, is hereby amended
to add the following definitions:
Brew Pub -An establishment that produces ales, beers, meads, hard
ciders, and/or similar beverages to serve on ‐ site. Sale of beverages for
off‐ site consumption is also permitted in keeping with the regulations of
the New York State Liquor Authority. Service of brewed beverages must
be in conjunction with the service of food. Brew pubs may not produce
more than 5,000 barrels of beverage annually. May also include the
distribution of beverages for consumption at other sites. A brew bub,
may NOT contain external tanks for storage of raw materials or
beverages.
Microbrewery - A limited production brewery that may produce no more
than 15,000 barrels annually. Microbreweries may sell to licensees,
however, they may NOT sell to the general public without a NYS
brewer's retail permit. A Microbrewery may have a restaurant in or
adjacent to it, only if it has obtained a NYS 3 on-premises retail license.
Tavern- an establishment for the sale of beer and other drinks to be
consumed on the premises, sometimes also serving food.
Section 2. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District
Regulations, is hereby amended in order to add Brew Pub as an allowable primary use
in the B2-a district and Microbreweries as an allowable use in the B-5 district.
Section 3. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the district regulations chart in accordance with the
amendments made herewith.
Section 4. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
6) Action Items (Voting to Send onto Council)
a) Minor Amendments to Collegetown Area Form Districts
An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325,
Entitled “Zoning” To Make Minor Revisions to §325-45, Collegetown Area Form
Districts
WHEREAS, there has been confusion over the application of the façade length
requirement of the Collegetown Area Form Districts, as adopted in 2014, and
WHEREAS, the proposed revisions would clarify the intent and application of various
regulations; now, therefore,
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. The CR-3 Activation Table shown in Chapter 325, Section 325-45.2E(3) of
the Municipal Code of the City of Ithaca is hereby amended to read as follows:
ACTIVATION
STREET FAÇADE
A) Building façade length, primary street, max 45’
Section 2. The CR-4 Activation Table shown in Chapter 325, Section 325-45.2F(1) of
the Municipal Code of the City of Ithaca is hereby amended to read as follows:
ACTIVATION
STREET FAÇADE
A) Building façade length, primary street, max
1. Row house 100’
2. All other structures 45’
Section 3. The MU-1 Activation Table shown in Chapter 325, Section 325-45.2G(1) of
the Municipal Code of the City of Ithaca is hereby amended to read as follows:
ACTIVATION
STREET FAÇADE
B) Building façade length, primary street, max
3. Row house 150’
4. All other structures 75’
Section 4. Chapter 325, Section 325-45.2B(10) of the Municipal Code of the City of
Ithaca is hereby amended to read as follows:
(10) Recessed Entry
(a) Definition: A functioning entry that is set back a minimum of 12” 5’
from the front façade of the building.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
The action being considered is whether to approve the ordinance provided in the packet
for approval or the updated version of 11/9/16 provided at the meeting for circulation.
Alderperson Brock motioned to circulate; seconded by Alderperson Kerslick.
Carried Unanimously.
JoAnn Cornish stated that it is the goal that the Collegetown Form Based Code be used
throughout the City. The Character Code is a good body of work, but is different that
the direction that the City has been focused on.
She further stated this character code document came to the City as a surprise. The
City did work with this group on the State Street corridor, but the character code was not
under the City’s directive.
Chair Murtagh stated that there is a lot of overlap of the two plans.
Alderperson Brock stated that there seems to a bit of confusion within the community
that this was something requested by the City which is not the case.
b) Form Ithaca Character Code Resolution
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Carried
unanimously.
Alderperson Kerslick made a friendly amendment to replace Planning and Economic
Development Committee with Common Council.
He further stated that supporting this doesn’t mean we are supporting it in its entirety
but used as a reference.
WHEREAS, Mayor Svante Myrick co-signed a letter of support in August of 2013 with
then-Town Supervisor Herb Engman on behalf of the City and Town designating Better
Cities & Towns of the Form Ithaca project team as the lead applicant for a NYSERDA’s
Cleaner Greener Communities grant to jointly update our zoning ordinances, and
WHEREAS, the Common Council is committed to dense urban development in the core
of downtown, as is expressed in Plan Ithaca, Phase I of the City’s Comprehensive Plan
which was adopted by Common Council in September of 2015, and
WHEREAS, the City of Ithaca’s successful adoption of a hybrid form-based code in
Collegetown has resulted in higher quality development that has had a positive impact
on the character of the neighborhood, and
WHEREAS, the Form Ithaca project is led by the nonprofit Better Cities & Towns,
dedicated to promoting sustainable, walkable communities; architects and landscape
architects STREAM Collaborative; and urban planners Randall+West; and the team
brought in leading urban design, development, transportation, and form-based code
consultants who offered their valuable expertise to the City, and
WHEREAS, the Form Ithaca project team has worked with City Staff, civic leaders,
developers, State and County Agencies, and other stakeholders, completed four
reports, and organized a four-day charrette in the City of Ithaca, June 3rd through 6th,
2015, and these documents and the public process informed the development of the
draft City of Ithaca Character Code and Regulating Plan, and
WHEREAS, the draft City of Ithaca Character Code was circulated to Planning and
IURA staff in August of 2016, and a new draft, dated October 11, 2016, was prepared
that incorporates many of the submitted comments, and
WHEREAS, City staff recognizes the importance of maintaining a human scale along
the street, especially in transitional areas where commercial zones are located near
residential districts, and supporting development of a substantial amount of
underutilized land, particularly in the W. State St. / MLK Jr. Corridor; now, therefore, be
it
RESOLVED, that the Planning and Economic Development Committee Common
Council accepts the City of Ithaca Character Code and Regulating Plan for review and
consideration of adoption.
7) Review and Approval of Minutes
a) October 2016
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously with suggested changes.
8) Adjournment
Moved by Alderperson Kerslick; seconded by Alderperson Martel. Passed
unanimously. The meeting was adjourned at 8 :05p.m.
Formatted: Font: 12 pt, Strikethrough
City of Ithaca
Planning & Economic Development Committee
Wednesday, December 14, 2016 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham
Kerslick, Ducson Nguyen, Josephine Martell,
and Cynthia Brock
Committee Members Absent: None
Other Elected Officials Attending: Alderperson George McGonigal
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; Jennifer Kusznir, Senior
Planner; Megan Wilson, Senior Planner; Nels
Bohn, Director, IURA; Deborah Grunder,
Executive Assistant
Others Attending: Joseph Bowes, INHS Director of Real Estate
Development
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
No changes were made to the agenda.
2) Special Order of Business
a) Public Hearing: Revisions to Collegetown Area Form Districts
Alderperson Kerslick moved to open the public hearing; Alderperson
Brock seconded it. Passed unanimously.
There was no one from the public to speak on this topic.
Alderperson Brock moved to close the public hearing; Alderperson
Martell seconded it. Passed unanimously.
b) Public Hearing: Zoning Amendment to Allow Brewpubs, Urban
Breweries, and Taverns
Alderperson Brock moved to open the public hearing; Alderperson Kerslick
seconded it. Passed unanimously.
Ben Brotman and James Tielers spoke together on the brewpub ordinance.
They questioned some of the definitions in the brewpub ordinance. The
definition of Urban Brewery needs to be changed to reflect that
microbreweries may sell to the general public.
Alderperson Kerslick moved to close the public hearing; Alderperson Nguyen
seconded it
Hayden Brainard, Trumansburg, stated that definitions are set by the State. It’s
not a good idea to change what the State liquor authority has on their books. He
recommends not to try to come up with a restriction of these definitions. If the
goal is to limit the amount of their production, don’t limit the definitions.
Alderperson Martell moved to close the public hearing; Alderperson Kerslick
seconded it. Passed unanimously.
Pat Shea, 707 Hancock Street, spoke on the Waterfront changes. She
encourages the City to consider a mixed income availability. She’s a gardener
so she would like to see the gardens to stay. A science area would also be
good.
3) Public Comment and Response from Committee Members
Alderperson Martell stated she agrees that it would be great to have a mixed
income housing project, but due to the expense to do such a project there, it is
unlikely or difficult to make this an affordable housing project.
Alderperson Brock announced the public information sessions for the Waterfront
Ordinance Changes scheduled for Thursday, December 14th, from 3-5 and again
7-9 p.m.
4) Updates, Announcements, Reports
a) Design Guidelines ( Megan Wilson )
There were two public information sessions that were well attended. A wide
variety of comments were provided. The most frequent concerns were the
design guidelines process. We do not have binding review design guidelines
yet but do have the design guidelines in the site-plan review process.
Alderperson Kerslick stated that a joint meeting with the Planning Board and
this committee would be a very good idea.
b) Housing Summit Debrief ( JoAnn Cornish )
The most important part of the summit was it got the conversation going. To
hear the stories to find housing and their struggles hit home for her. It was a
real good opportunity to discuss this important topic. Kudos to Martha
Robertson and Schelley Michell Nunn for organizing and moderating the event.
Alderperson Brock stated she was very intrigued by Cornell’s project to keep
sophomore students on campus. We have areas in our community that are
very unique. Small non-chain businesses need to be provided incentives to
help them stay alive. She would like to see the City help keep the small
businesses intact and remain here. She would also like to see the City help to
keep owner-occupied properties rather than become tenant housing.
5) Action Items (Voting to send onto Council)
a) Revisions to Collegetown Area Form Districts
An Ordinance to Amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning”
To Revise Entry and Building Length Requirements for the Collegetown Area Form Districts –
Declaration of Lead Agency for Environmental Review
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed
unanimously.
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be
established for conducting environmental review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead
agency shall be that local agency which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR;
now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency
for the environmental review of the adoption of an ordinance to amend §325-45.2, “District
Standards,” of the Collegetown Area Form Districts.
An Ordinance to Amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning”
To Revise Entry and Building Length Requirements for the Collegetown Area Form Districts –
Determination of Environmental Significance
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed
unanimously.
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in
order to revise the recessed entry and building length requirements for the Collegetown Area Form
Districts, and
WHEREAS, appropriate environmental review has been conducted including the preparation of a Short
Environmental Assessment Form (SEAF), dated November 15, 2016, and
WHEREAS, these zoning amendments have been reviewed by the Tompkins County Planning
Department Pursuant to §239-l–m of the New York State
general Municipal Law, which requires that all actions within 500 feet of a county or state facility,
including county and state highways, be reviewed by the County Planning Department, and have also
been distributed for review by the City of Ithaca Conservation Advisory Council and the City of Ithaca
Planning and Development Board, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review
Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF
prepared by planning staff; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the
findings and conclusions more fully set forth in the Short Environmental Assessment Form, dated
November 15, 2016, and be it further
RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the
proposed action at issue will not have a significant effect on the environment, and that further environmental
review is unnecessary, and be it further
RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is
hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and
forward the same to any other parties as required by law.
b) Zoning Amendment to Allow Brewpubs, Urban Breweries, and Taverns
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning,” to Include Definitions for Brew Pub, Urban
Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts–
Declaration of Lead Agency
Moved by Alderperson Kerslick; Seconded by Alderperson Martel. Passed
unanimously.
WHEREAS, State Law and Section 176-6 of the City Code require that a lead
agency be established for conducting environmental review of projects in
accordance with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency which
has primary responsibility for approving and funding or carrying out the
action, and
WHEREAS, the proposed zoning amendment is a “Type I" Action pursuant to
the City of Ithaca Environmental Quality Review Ordinance, (CEQR), §176-4
which requires review under CEQR; now, therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby declare
itself lead agency for the environmental review for the adoption of
amendments to The Municipal Code of the City Of Ithaca, Chapter 325,
Entitled “Zoning,” to Include Definitions for Brew Pub, Urban Brewery, &
Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning,” to Include Definitions for Brew Pub, Urban
Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts–
Declaration of Environmental Significance
Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed
unanimously.
1. WHEREAS, The Common Council is considering a proposal to amend the
Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,”
To include definitions for Brew Pub, Urban Brewery, and Tavern, and
also to amend the allowable uses in the B-2, B-5, and CBD zones, and
2. WHEREAS, the appropriate environmental review has been conducted,
including the preparation of a Full Environmental Assessment Form
(FEAF), dated October 26, 2015, and
3. WHEREAS, the proposed action is a “TYPE I” Action under the City
Environmental Quality Review Ordinance, and
4. WHEREAS, the Common Council of the City of Ithaca, acting as lead
agency, has reviewed the FEAF prepared by planning staff; now,
therefore, be it
1. RESOLVED, that this Common Council, as lead agency in this matter,
hereby adopts as its own the findings and conclusions more fully set
forth on the Short Environmental Assessment Form, dated November 2,
2016, and be it further
2. RESOLVED, that this Common Council, as lead agency in this matter,
hereby determines that the proposed action at issue will not have a
significant effect on the environment, and that further environmental
review is unnecessary, and be it further
3. RESOLVED, that this resolution constitutes notice of this negative
declaration and that the City Clerk is hereby directed to file a copy
of the same, together with any attachments, in the City Clerk’s Office,
and forward the same to any other parties as required by law.
Alderperson Nguyen asked for clarification on the comments made by Hayden
Brainard.
Jennifer Kusznir stated that the City wanted to put some restriction on each type of
brewery.
Hayden Brainard further commented that some of the things that the City will allow
in the breweries are already allowed in the state zones.
Alderperson Brock asked how the 5,000 barrels was selected and is it appropriate
for these areas.
Jennifer Kusznir stated that 5,000 was a number from the Building Department’s
definition of tavern.
Ben Brotmon was asked to join the conversation. Malt shipments coming in on
pallets would be about three pallets every few weeks. There is no way that anyone
could produce 5,000 because there isn’t enough room to do so.
Chair Murtagh recommends that we reach out to the brewery on Main Street in
Cortland.
Taverns with seating are not permitted in the B2D zone since it is zoned
residential.
Alderperson Kerslick moved to table the ordinance; seconded by Alderperson
Brock. Passed unanimously.
c) Payment in Lieu of Taxes (PILOT) Agreement with INHS
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed
unanimously.
Authorize Exemption from Real Property Taxes and Provision for In-Lieu
Payments, with Regard to the Ithaca Neighborhood Housing Services, Inc.
(“INHS”) Affordable Housing Scattered Site Preservation Project – Resolution
WHEREAS, there is a demonstrable and critical shortage of affordable housing
within the City of Ithaca and Tompkins County; and
WHEREAS, Pursuant to Section 577 of the New York State Private Housing
Finance Law (PHFL), the Council hereby exempts from real property taxes, for a
period of thirty (30) years, the following properties, to be owned by a housing
development fund company formed under Article XI of PHFL and sponsored by the
Ithaca Neighborhood Housing Services, Inc. (“INHS”) and beneficially owned by a
to-be-formed partnership affiliate of INHS formed for the purpose of developing the
Project (hereinafter the “Owner”), and to be used for the provision of affordable
rental housing to qualified persons or families of low income as a part of the
Scattered Site Rental Preservation Project (the “Project”); and
WHEREAS, the Project includes renovation of 98 residential units in 44 buildings
as follows:
Address: Tax Parcel #:
105 Fourth Street 44.-6-15
107A Fourth Street 44.-6-16
107 Fourth Street 44.-6-16
108 N. Corn Street 72.-3-14
110 Esty Street 50.-1-21
112 Esty Street 50.-1-21
113 Fourth Street 44.-6-1
216 Cascadilla Street 45.-5-11
316-18 S. Corn Street 79.-5-15
356 Floral Ave. 97.-1-6.2
380-90 Floral Ave. 97.-1-7.2
402 Center Street 79.-6-10
402 W. Seneca Street 60.-6-12
417 Cascadilla Street 51.-3-2
418-20 Cascadilla Street 44.-6-14
602 W. Green Street 72.-4-12
Cascadilla Green I 25.-3-1.1
308 Adams Street
310 Adams Street
509 First Street
511 First Street
507 First Street
505 First Street
513 First Street
515 First Street
517 First Street
519 First Street
521 First Street
523 First Street
307 Franklin Street
309 Franklin Street
Cascadilla Green II 25.-3-1.21
301 Franklin Street
522 Alice Miller Way
303 Franklin Street
305 Franklin Street
512 Alice Miller Way
514 Alice Miller Way
516 Alice Miller Way
504 Alice Miller Way
506 Alice Miller Way
508 Alice Miller Way
510 Alice Miller Way
518 Alice Miller Way
304 Adams Street
306 Adams Street
WHEREAS, the City of Ithaca has determined that the continued provision of
affordable rental housing to qualified persons or families of low income by INHS
is beneficial to and in the long term best interests of the public, and in connection
with the City of Ithaca Common Council’s endorsement of the INHS Affordable
Housing Scattered Site Preservation project at its regular meeting held on the
2nd day of November, 2016, now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca pursuant to §577 of
the Private Housing Finance Law of the State of New York hereby grants to the
properties listed herein a tax exemption from real property taxes levied by the
City of Ithaca and other local taxing authorities for a period of thirty (30) years,
and Owner shall make annual in-lieu-of-tax payments (hereinafter referred to as
“PILOT”) to the City of Ithaca equal to 12% of its annual "net operating income",
but in no event to be less than $58,837, plus additional negotiated annual
amounts after fifteen (15) years when Project payment obligations are projected
to decline. "Net operating income" shall equal gross rents received by the Owner
less operating costs, as determined by an annual audit, paid by the Owner for
the duration of the exemption period. The PILOT shall be shared by the City of
Ithaca with Tompkins County and the Ithaca City School District in the same
ratio as total school, city and county taxes would have been paid with respect to
the Project without taking into account the exemption provided for herein; and it
is further
RESOLVED, that the PILOT agreement shall include provisions requiring the
construction contract for the Project to include specific provisions that require (1)
outreach to local subcontractors in construction trades requesting bids, to the
greatest extent feasible, and (2) outreach to local vendors requesting quotes for
construction materials to the greatest extent feasible, and
RESOLVED, that the Mayor upon the advice of the City Attorney and the City
Controller and on behalf of the City of Ithaca is hereby authorized and requested
to execute and deliver to any pertinent party an agreement between the City of
Ithaca and Owner, setting forth as necessary the details of the PILOT, and to
take any and all action necessary and/or required to effectuate or verify such
payments or tax exemption, the PILOT agreement shall contain such additional
terms and conditions as the Mayor deems to be appropriate; and it is further
RESOLVED, that this ordinance shall take effect immediately.
6) Special Order of Business
a) 2017 Work Plan and Process
JoAnn Cornish stated that the items on the list are not in order of importance.
Cornish also distributed to the group what is involved when a change to a
zoning ordinance is proposed. There is a lot more to it that people realize.
Alderperson Brock stated it must be very difficult to juggle the number of items
on the work plan.
One particular zoning ordinance change was done by the Shade Tree
Advisory Committee. Chair Murtagh has asked that Jane Grace, the City
Forester, attend the January meeting. JoAnn Cornish will distribute the
proposed ordinance that is being recommended by the Shade Tree Advisory
Committee.
7) Review and Approval of Minutes
a) November 2016 – Minutes were not Available
8) Adjournment
Moved by Alderperson Kerslick; seconded by Alderperson Martel. Passed
unanimously. The meeting was adjourned at 7:55 p.m.